* 


City  Document.  —  No.  15. 


©tth  ©w  m©m©m* 


REPORT  OF  COMMITTEE 


AMENDMENTS  OF  THE  CITY  CHARTER. 


1  862. 


A 


CITY  OF  BOSTON. 


In  Board  of  Aldermen ,  January  20,  1862. 

Ordered  :  That  so  much  of  the  Mayor’s  Address  as  relates  to 
''amendments  of  the  City  Charter  and  the  enactment  of  a  License 

Jaw  he  referred  to  a  Joint  Standing  Committee,  to  consist  of 
ro  Aldermen  and  three  members  of  the  Common  Council. 
Passed  ;  and  Aldermen  Amory  and  Norcross  were  appointed. 
Sent  down  for  concurrence. 

THOMAS  P.  RICH,  Chairman. 


c<  In  Common  Council,  January  23,  1862. 

_  Concurred ;  and  Messrs.  Shattuck,  Buckley,  and  Davison  were 

filled. 


JOSHUA  D.  BALL,  President. 


Approved  January  24,  1862. 


<- 

<  A  true  copy. 

Attest : 


J.  M.  WIGHTMAN,  Mayor. 
S.  F.  McCLEARY,  City  Clerk. 


CITY  OF  BOSTON. 


The  Committee  on  so  much  of  the  Mayor’s  Address,  as  relates 
to  proposed  amendments  of  the  City  Charter  and  a  License  Law, 
from  a  conviction,  that  if  anything  is  to  he  accomplished  this 
year,  despatch  is  indispensable,  inasmuch  as  the  session  of  the 
legislature  is  drawing  towards  its  close,  would  submit  the  fol¬ 
lowing 

REPORT. 

In  the  fall  of  1860  an  order  passed  the  City  Council,  request¬ 
ing  the  Mayor  to  petition  the  General  Court  for  certain  amend¬ 
ments  to  the  Charter,  and  the  usual  notice  having  been  published 
in  accordance  with  the  rule,  such  a  petition  was  presented  to  the 
legislature  of  1861.  From  the  press  of  other  duties,  no  other  ac¬ 
tion  was  taken  in  the  premises  than  its  reference  over  to  this  year, 
among  the  unfinished  business.  The  amendments  which  we  now 
propose  are  with  slight  exception  the  same  as  those  prayed  for 
in  that  petition,  what  is  new  being  rather  matter  of  form  than  of 
substance.  In  the  opinion  of  the  City  Solicitor,  the  rule  requir¬ 
ing  notice  does  not  apply  to  special  laws  amending  municipal 
charters,  when  they  are  to  be  submitted,  before  they  take  effect,  to 
the  people  for  ratification.  And  this  consideration  is  entitled  to  the 
greater  weight,  where  action  is  to  be  taken  upon  a  petition  em¬ 
anating  from  the  City  Council,  which  represents  all  the  inhab¬ 
itants.  Should  the  legislature  hesitate  to  adopt  this  view,  and  in¬ 
sist  upon  any  farther  notice  before  entertaining  the  prayer  of  any 
petition  we  may  offer  at  this  session,  nothing  will  have  been  lost 
by  bringing  the  subject  seasonably  before  the  Council  and  the 


6 


CITY  DOCUMENT.  —  No.  15. 


citizens,  and  by  arousing  public  attention,  it  will  receive  full  dis¬ 
cussion  and  deliberation,  and  time  be  given  to  mature  such  aber¬ 
rations  as  will  stand  the  test  if  adopted. 

The  present  charter,  principally  drafted  by  the  late  Chief  Jus¬ 
tice  Shaw,  and  amended  in  some  important  particulars  by  Mr. 
Peleg  W.  Chandler,  has  been  a  model  for  its  completeness  and 
adaptation  to  the  wants  of  the  community.  It  should  not  be  dis¬ 
turbed  without  extreme  caution.  We  must  not  however  forget, 
that  during  the  forty  years  it  has  been  in  operation,  great  chang¬ 
es  have  taken  place  in  our  condition  and  numbers,  and  wbat  was 
well  suited  to  a  city  of  forty-five  thousand  people,  may  be  im¬ 
proved  to  advantage,  now  that  our  population  has  increased  four¬ 
fold.  The  alterations  suggested  will  for  the  most  part  be  found  to 
grow  directly  and  naturally  out  of  the  heavier  pressure  of  public 
business,  and  the  more  enlarged  experience  indispensable  to  the 
efficient  charge  of  concerns,  which  are  annually  becoming  more 
complicated  as  the  city  increases  in  magnitude.  We  would  not 
however  advise  any  change,  which  should  not,  after  being  first 
authorized  by  the  deliberate  wisdom  of  the  legislature,  also  re¬ 
ceive  the  sanction  of  the  City  Council  and  of  the  citizens.  With 
these  safeguards,  we  need  not  apprehend  that  any  crude,  vision¬ 
ary,  or  inconsistent  provisions  will  be  suffered  to  mar  the  admi¬ 
rable  completeness  of  our  municipal  system. 

An  important  object  in  view  in  proposing  a  change  of  the 
Charter,  was  to  secure  not  only  intelligence  and  honesty  in 
office,  but  experience.  The  judicious  management  of  private  af¬ 
fairs  depends  upon  the  continued  attention  of  successive  years, 
and  a  familiarity  with  every  controlling  circumstance  that  can 
teach  us  what  to  do  or  what  to  avoid.  Where  those  who  have 
charge  of  public  affairs  are  annually  changed,  it  is  obvious  that 
these  cannot  be  conducted  with  much  efficiency  or  j  udgment.  It 
is  true  that  the  public  is  wise  enough  to  realize  this,  and  to  re¬ 
tain  each  year  a  large  portion  of  those  in  official  station,  but  at 
times,  in  our  experience  in  this  city,  nearly  every  member  of  the 
government  has  been  displaced.  Where  this  often  occurs  no 
course  of  public  policy  can  be  pursued.  Contractors  take  advan- 


AMENDMENTS  TO  THE  CITY  CHARTER. 


7 


tage  of  the  unavoidable  ignorance  of  new  incumbents,  and  claims 
which  have  been  examined  and  rejected,  are  again  presented, 
plausibly  urged,  and  finally  allowed. 

Another  objection  to  frequent  changes  in  municipal  bodies  is, 
that  at  the  commencement  of  each  year,  the  whole  business  of 
the  city  government  is  thrown  into  confusion,  and  must  very 
imperfectly,  and  after  delays  most  prejudicial  to  the  public,  be 
restored  to  its  appropriate  channels.  During  the  warm  months 
of  the  summer,  in  consequence  of  the  customary  vacation  of  the 

* 

Council,  it  necessarily  undergoes  another  serious  interruption  ; 
and  in  the  fall,  the  approaching  elections  occasionally  influence 
the  independent  and  impartial  action  of  members  when  less  than 
perfect.  Were  the  official  tenure  made  more  permanent,  much  of 
this  would  be  avoided.  We  ought  not  of  course  to  lose  sight  of 
the  fundamental  principle  of  republican  government,  responsi¬ 
bility  to  the  public  through  frequent  elections.  But  we  should 
also  remember  that  many  of  the  functions  of  municipal  author¬ 
ity  are  in  their  nature  judicial,  and  should  endeavor  to  combine 
as  much  independence  as  is  consistent  with  securing  fit  men  for 
their  discharge.  As  the  members  of  the  City  Council  give  their 
time  to  their  fellow-citizens,  without  other  recompense  than  their 
approval,  or  other  motive  than  a  sense  of  public  duty  and  a  wish 
to  be  useful,  we  need  not  fear  that  any  selfish  desire  to  perpetu¬ 
ate  power  will  be  gratified,  by  prolonging  the  periods  of  service. 
The  experiment  is  not  a  new  one.  It  has  been  tried  in  the  case 
of  school  committees,  county  commissioners,  boards  of  directors, 
and  overseers  of  the  poor,  and  with  full  success ;  and  the  belief 
that  it  would  apply  equally  well  to  city  councils  and  selectmen, 
has  been  long  entertained  by  many  who,  from  their  connection 
and  extensive  acquaintance  with  municipal  affairs,  are  well  able 
to  judge  of  its  practical  operation. 

Were  the  term  of  service  of  members  of  the  Board  of  Aider- 
men  made  triennial,  with  alternate  vacancies,  as  in  the  School 
Committee  and  Board  of  Directors,  there  would  be  only  four  to 
be  annually  elected,  and  less  probability  of  unsuitable  persons 


8 


CITY  DOCUMENT.—  No.  15. 


being  offered  as  candidates  than  when  there  are  twelve  vacancies 
to  be  annually  filled. 

This  Board  represents  the  whole  city,  and  should  have  no  local 
partialities.  We  are  therefore  of  opinion,  should  the  triennial 
tenure  with  alternate  vacancies  be  adopted,  the  four  to  be  an¬ 
nually  chosen  should  be  still  elected  by  general  ticket.  We  see 
obvious  objections  to  officers  of  such  powers,  duties,  and  respon¬ 
sibilities,  being  chosen  by  the  wards.  This  has  been  tried  else¬ 
where,  only  to  be  condemned.  We  need  the  best  men  in  the 
city  for  aldermen.  The  interests  in  their  charge,  the  opportu¬ 
nities  for  usefulness,  the  capacity  required  make  the  position 
worthy  of  any  man’s  ambition,  who  has  time  to  devote  to  its 
duties.  And  if  the  four  each  year  to  be  chosen  were  to  be 
elected  by  the  suffrages  of  all  the  citizens,  they  would  be  se¬ 
lected  more  carefully,  than  if  the  constituency  were  the  voters  of 
a  single  ward,  or  the  inducement  for  selection  were  a  pledge  to 
promote  a  local  object.  The  consequence  given  to  the  office  by 
its  lengthened  tenure,  would  induce  many,  whose  successful 
prosecution  of  their  own  concerns  has  resulted  in  competence 
and  leisure,  to  cheerfully  accept  a  trust  imposed  upon  them  by 
all  their  fellow-citizens.  The  law  does  not  now  provide  that  the 
members  shall  be  from  different  wards,  and  yet  it  is  the  inva¬ 
riable  custom,  in  making  up  the  list  of  candidates  for  election, 
to  have  all  the  wards  represented.  There  would  be  no  less 
reason  to  presume  this  would  be  done  upon  the  proposed  system. 
If  the  just  rights  and  pretensions  of  any  party,  class,  interest, 
or  section  should  be  disregarded  in  the  selection,  the  consequent 
discontent  and  retaliation  would  soon  restore  the  equipoise.  East 
Boston  and  South  Boston,  the  extreme  northerly  and  southerly 
portions  of  the  city,  would  be  always  sure  of  their  representatives 
in  the  Board,  while  for  all  the  other  more  central  sections,  where 
there  is  but  seldom  any  local  conflict  of  interest,  the  candi¬ 
dates  would  probably  be  selected  for  other  than  sectional  con¬ 
siderations.  Provision  might  be  made,  that  the  vacancies  shall 
be  filled  from  residents  of  wards  not  to  be  represented  by  the 


AMENDMENTS  TO  THE  CITY  CHARTER. 


9 


members  holding  over ;  but  we  do  not  see  its  necessity,  or  indeed 
believe  in  its  wisdom. 

This  post  of  duty  is  one  of  trust  and  public  confidence,  and  can 
be  abused  ;  so  can  most  other  important  offices.  Legislators 
and  judges,  the  managers  of  business  and  finance  may  improve 
their  opportunities  to  their  own  advantage.  But  the  character 
of  the  persons  selected  for  these  distinguished  positions,  places 
them  beyond  suspicion.  By  making  the  office  more  honorable 
and  permanent,  the  incumbents  may  be  safely  trusted  with 
all  the  powers  confided  to  them  by  law.  If  men  are  corrupt 
in  office,  it  is  because  public  opinion  is  not  sufficiently  sound  to 
choose  such  as  are  honest  and  reliable.  Where  business  is 
transacted  by  sixty  persons,  more  or  less  participating  by  fre¬ 
quent  debate  or  more  private  discussion,  prejudice,  resentment, 
or  selfishness  may  swerve,  but  open  fraud  or  corruption  are 
hardly  possible.  An  indirect  interest  in  a  contract,  the  im¬ 
provement  of  a  neighborhood  by  widening  a  street,  or  erecting 
a  public  building,  in  order  to  enhance  the  value  of  private 
property,  or  the  numberless  ways  in  which  valuable  favors  may 
be  mutually  reciprocated,  are  less  easily  detected.  But  these 
deviations  from  integrity  will  be  of  less  frequent  occurrence, 
as  we  elevate  the  dignity  of  the  office  and  make  it  more  de¬ 
sirable. 

We  have  already  alluded  to  the  disadvantage,  under  which 
the  city  labors  from  the  want  of  permanence  in  those  who  pro¬ 
tect  its  interest  in  contracts,  and  from  a  want  of  perseverance  in 
any  decided  course  of  public  policy.  Numerous  circumstances 
and  considerations,  as  we  know  from  our  own  every  day  private 
experience,  must  be  remembered,  or  we  can  neither  be  just  to 
ourselves  or  to  others.  It  is  true  that  the  superintendents  of  the 
several  departments,  though  annually  elected  by  the  City  Coun¬ 
cil,  virtually  hold  during  good  behavior,  and  preserve  much 
that  is  important,  and  would  more,  were  there  any  direct  and  im¬ 
mediate  responsibility  of  these  officers  to  the  City  Council,  through 
their  respective  committees.  But  even  this  would  not  remedy  the 
great  evil  which  is  experienced  in  this  particular,  from  the 


X 


10 


CITY  DOCUMENT.  — No.  15. 


extensive  changes  made  each  year  in  the  City  Council.  Where 
members  remain  in  office  several  years,  from  a  sense  of  duty 
and  the  force  of  habit,  they  become  as  tenacious  of  what  is  for 
the  public  advantage,  as  for  their  own  ;  and  though  this  may 
degenerate  into  a  fault,  if  allowed  too  long  to  continue,  it  cer¬ 
tainly  secures  a  zeal  and  attention  all  important  to  protect  the 
public  from  unjust  and  ungrounded  aggressions. 

The  other  branch  of  the  City  Council  is  in  its  functions,  for  the 
most  part,  deliberative.  But  as  all  appropriations,  and  a  large 
proportion  of  all  important  measures,  as  well  as  the  choice  of  the 
principal  officers  of  the  government  must  have  their  concurrent 
action,  the  public  suffers  when,  from  any  want  of  information  or 
experience,  they  are  open  to  the  interested  misrepresentations  of 
such  as  seek  office  or  have  objects  to  accomplish.  As  under  the 
present  system  the  average  of  new  members  for  the  last  twelve 
years  has  been  about  two  thirds  of  its  number,  we  conceive  that 
the  proportion  re-elected,  and  who  have  consequently  become 
familiar  with  their  duties,  is  not  sufficient  to  protect  the  public 
against  mistakes,  and  that  the  tenure  of  office  of  its  members 
should  be  biennial,  one  half  in  each  ward  being  annually  re¬ 
newed. 

The  office  of  chief  magistrate,  also  a  co-ordinate  branch  of 
the  City  Council,  requires  not  only  the  highest  ability,  the  most 
elevated  integrity  and  the  soundest  judgment,  but  a  thorough 
knowledge  of  municipal  affairs,  of  the  character  of  all  public  ser¬ 
vants,  and  of  the  traditional  policy  of  former  years,  and  these  are 
only  to  be  acquired  by  continued  observation  and  experience.  No 
act  or  motive  should  be  in  the  slightest  degree  swerved  by  any 
regard  for  popularity,  unless  it  be  the  natural  wish  to  leave 
behind  a  record,  which  will  bear  the  scrutiny  of  time,  and  secure 
the  approbation  of  all  good  men.  Were  the  Mayor  chosen  for  a 
term  of  two  or  three  years,  and  made  ineligible  for  that  which 
follows,  the  utmost  independence  would  be  secured.  There  is  no 
probability  that  any  one  would  ever  be  elevated  by  an  enlight¬ 
ened  community  to  so  distinguished  a  position,  that  would  disap¬ 
point  their  expectations.  In  the  most  perfect  system  there  will 


AMENDMENTS  TO  THE  CITY  CHARTER. 


11 


be  deficiencies  to  be  supplied,  abuses  to  be  remedied,  for  which 
time  is  often  requisite.  All  reforms  to  some  extent  disturb  and 
disaffect,  and  encounter  opposition  only  to  be  surmounted  by 
prudence  and  perseverance.  If  the  direction  is  subject  to  con¬ 
stant  change,  there  can  be  no  consistent  effort  adequate  to  over¬ 
come  the  resistance  of  rooted  prejudice  or  the  tenacity  of  inter¬ 
ested  selfishness.  Any  apprehension  that  the  power  thus  vested 
may  be  excessive  and  become  arbitrary  lias  little  foundation,  as 
the  Mayor  can  initiate  no  measure  without  the  co-ordinate  action 
of  one  or  both  of  the  other  branches  of  the  Citv  Council ;  can 
prevent  no  action  which  one  or  both  see  fit  to  carry  over  his  veto. 
His  most  important  prerogative,  if  we  except  his  veto  and  power 
of  appointment,  that  of  filling  the  committees  from  the  Board  of 
Aldermen,  is  annually  conferred  by  a  vote  of  that  branch,  and 
can  be  at  any  time  withheld. 

To  prevent  the  possibility  of  even  a  suspicion,  that  any  undue 
influence  should  in  the  slightest  degree  be  brought  to  bear,  by  the 
hopes  or  fears  of  the  ballot-box,  upon  their  independence,  we  should 
recommend,  that  all  the  members  of  the  City  Council  should  be 
ineligible,  at  the  next  succeeding  election  after  their  respective 
terms  of  service  expire.  The  wish  to  stand  well  with  their  fellow- 
citizens,  and  a  possibility  of  being  returned  again  at  a  subsequent 
period,  should  be  all  the  motive  permitted  to  exercise  over  their 
minds  any  influence  whatever,  of  a  less  exalted  nature  than  a 
conscientious  desire  to  do  their  duty. 

We  have  carefully  weighed  the  various  arguments  for  and 
against  this  conclusion.  In  a  republican  system,  government 
emanates  from,  and  belongs  to  the  people,  and  as  many  of  the 
citizens,  as  may  consistently  with  the  judicious  and  economical 
management  of  affairs,  should  in  turn  be  permitted  to  participate 
in  its  administration.  Intelligence,  experience,  and  fidelity  in  of¬ 
fice  are  paramount  considerations,  and  the  lengthened  tenure  and 
alternate  vacancies  will  secure  these  ’qualifications.  But  where 
education  is  so  generally  diffused,  and  those  competent  for  public 
positions  are  so  numerous,  the  claims  of  all  should  be  respected. 
Under  monarchical  or  aristocratic  institutions  power  vests  in  a 


12 


CITY  DOCUMENT.  — No.  15. 


few  individuals,  and  the  masses  are  hopelessly  subject  to  their 
rule.  If  maladministration  or  unpopular  measures  produce  dis¬ 
content,  the  ballot  may  remove,  but  only  to  transfer  authority  to 
others  of  the  same  class.  But  where  all  who  are  competent  and 
disposed  are  suffered  to  share  in  the  conduct  of  affairs,  greater 
interest  is  taken  to  secure  good  government,  the  community  is 
better  able  to  judge  of  the  wisdom  of  its  course,  and  those  in  office 
will  cautiously  avoid,  what  they  would  themselves  disapprove 
were  others  in  their  place. 

If  the  hope  of  obtaining  the  mark  of  public  approbation  by 
re-election,  may  stimulate  many  to  do  well,  in  more  instances  the 
fear  of  defeat  operates  to  discourage  from  following  the  path  of 
duty.  Measures  are  determined  rather  by  their  popularity  than 
by  their  merits,  and  the  interests  or  prejudices  of  influential  men, 
who  can  control  votes,  are  more  regarded  than  what  is  just  or 
conducive  to  the  public  advantage.  We  attach  the  less  impor¬ 
tance  to  the  consideration,  that  the  hope  of  re-election  will  pre¬ 
vent  abuse  of  privilege  or  power,  since  every  one  in  a  community 
like  ours  is  subjected  to  scrutiny,  and  depends  upon  character  for 
social  as  well  as  political  position. 

The  application  of  last  year  to  the  legislature  is  understood 
to  have  originated  in  a  prevailing  conviction  in  the  Common 
Council  of  1860,  that  too  much  power  vested  in  the  Board  of 
Aldermen,  too  little  in  their  own  branch.  It  is  well  that  no 
misapprehension  should  exist  on  this  point.  For  thirty  years  as 
the  town  of  Boston  was  developing  into  importance  as  a  great 
centre  of  commercial  and  social  prosperity,  from  a  belief  that  its 
existing  municipal  government  was  ill  adapted  to  its  necessities, 
and  to  its  increasing  numbers,  constant  efforts  were  made  to  have 
it  erected  into  a  city.  A  deep  seated  veneration  for  the  ancient 
system,  which  was  associated  with  many  precious  recollections  in 
the  minds  of  such,  as  had  taken  a  leading  part  in  affairs  in  peri¬ 
ods  of  unusual  interest,  as  constantly  served  to  render  these  efforts 
of  no  avail.  When  our  Charter,  the  first  in  the  Commonwealth, 
was  framed,  respect  was  paid  to  this  feeling,  as  also  to  the  pro¬ 
priety  of  deviating  as  little  as  possible  from  the  general  forms 


AMENDMENTS  TO  THE  CITY  CHARTER, 


13 


existing  elsewhere,  and  while  the  duty  of  the  Selectmen  were  trans¬ 
ferred  to  the  Board  of  Aldermen,  in  the  Common  Council  were 
vested  most  of  the  powers  previously  lodged  in  the  town  meeting. 
By  its  control  over  appropriations,  elections,  and  over  all  ordi¬ 
nances  or  by-laws,  this  branch  has  a  complete  check  over  the 
action  of  the  government.  # 

Little  analogy  exists  between  legislative  and  municipal  bodies. 
The  functions  of  the  latter  are  for  the  most  part  judicial  or  ex¬ 
ecutive,  they  administer  the  law  as  it  exists,  in  simple  obedience  to 
the  statutes,  which  provide  for  the  public  safety  and  convenience, 
by  prompt  and  efficient  compliance  with  their  requirements.  To 
do  this  effectually  and  with  despatch,  and  without  unnecessary 
or  prejudicial  publicity,  the  power  should  be  lodged  in  a  body 
of  limited  numbers,  and  were,  as  proposed,  large  committees  of 
both  branches  employed,  there  would  be  conflicting  opinions,  and 
a  difficulty  in  securing  the  requisite  number  for  the  transaction 
of  business,  rendering  impracticable  the  performance  of  their 
multiplicity  of  duties,  to  the  satisfaction  either  of  individuals  or 
of  the  public.  Besides,  this  would  be  out  of  harmony  with  the 
general  provisions  of  law.  The  duties  of  county  commissioners, 
of  surveyors  of  highways,  and  those  devolving  on  the  Board  of 
Aldermen  as  a  board  of  health  and  conservators  of  the  public 
peace,  would  not  only  be  out  of  place  in  so  large  a  body  as  one 
composed  of  sixty  members  in  two  co-ordinate  branches,  but  be 
repugnant  to  ordinary  and  approved  distinctions  between  execu¬ 
tive  and  legislative  powers.  We  are  inclined  to  doubt  the  expe¬ 
diency  of  subjecting  each  special  order  for  paving,  or  other  ex¬ 
penditures,  to  save  the  city  from  liability,  to  the  ordeal  of  both 
branches  when  exceeding  five  thousand  dollars.  But  this  rule 
has  been  adopted  to  limit  the  powers  of  the  Board  as  county 
commissioners,  in  widening  highways  or  erecting  county  build¬ 
ings,  and  might  be  extended  to  their  other  functions  without  any 
more  serious  objections,  than  that  of  the  delay  it  might  occasion. 
The  creation  of  corresponding  committees  in  the  Council  as  this 
year  initiated,  will  keep  this  branch  informed  of  all  the  proceed¬ 
ings  of  the  Board  of  Aldermen,  and  be  all  that  is  needed  to  keep 


14 


CITY  DOCUMENT. —No.  15. 


them  under  due  control.  If  any  such  limitation  should  he  judge 
expedient,  it  might  prove  more  judicious  to  provide  for  it  by  ordi¬ 
nance  than  by  statute,  as  it  could  more  easily  he  repealed  if  it 
led  to  unexpected  embarrassments. 

There  are  other  changes  more  or  less  important,  needed  in  the 
Charter,  which  should  he  brought  to  the  notice  of  the  legisla¬ 
ture.  The  number  of  inspectors  now  fixed  by  the  seventh  sec¬ 
tion  should  he  left  to  the  discretion  of  the  Board  of  Aldermen. 
In  the  more  populous  wards,  one  has  often  to  take  charge  of  tw 
or  more  voting  hoards,  to  the  great  delay  and  inconvenience  of 
voters,  many  of  whom  are  discouraged  and  go  away  without  de¬ 
positing  their  votes,  as  also  to  the  great  hazard  that  the  record 
will  he  inexact  as  to  who  may  have  voted.  In  Ward  Seven 
three  voting  hoards  are  sufficient  for  the  whole  list  of  voters ;  in 
Ward  Eleven  eight  are  required.  The  number  now  fixed  at  five 
we  propose  should  he  extended  to  eight  —  the  precise  number 
in  each  ward  to  be  determined  by  the  Board  of  Alderman  when 
they  issue  the  warrants  for  election. 

It  would  he  well  if  the  number  of  wards,  with  their  limits, 
after  1865  —  the  period  when  the  senatorial  districts  are  to  he 
re-adjusted —  instead  of  being  determined  by  statute,  should  he 
established  from  time  to  time  by  ordinance,  as  the  changes  of 
population  in  different  parts  of  the  city  in  a  very  few  years  make 
the  representation  in  the  Council  extremely  unequal. 

The  Treasurer  must  now  be  chosen  by  concurrent  action  in 
May.  This  was  so  provided,  that  he  might  make  up  his  ac¬ 
counts  before  the  date  fixed  for  election,  or  at  least  for  surren¬ 
dering  his  office  to  his  successor.  The  limit  fixed  hardly  allows 
time  for  unforeseen  contingencies  ;  and  if  allowed  to  pass  by 
might  prevent  any  election  whatsoever.  We  propose  that  the 
period  during  which  this  election  can  be  made,  be  extended  to 
May  and  June.  Provision  should  also  be  made  for  the  direction 
of  affairs  when  the  mayor  is  absent  from  the  city,  or  disabled 
from  illness,  longer  than  some  given  period,  by  vesting  the  pow¬ 
ers  temporarily  in  the  chairman  of  the  Board  of  Aldermen. 

We  should  gladly  see  other  limitations  attached  to  municipal 


AMENDMENTS  TO  THE  CITY  CHARTER. 


15 


powers.  We  believe  the  provision  elsewhere  adopted,  prohibit¬ 
ing  the  assessment  of  more  than  one  per  cent,  on  the  last  pre¬ 
ceding  valuation  for  municipal  expenditures,  or  of  four  per  cent, 
on  this  valuation  as  the  aggregate  of  debt,  would  he  a  great 
safeguard  against  the  possibilities  of  the  future.  This  would 
induce  greater  economy,  subject  officials  to  a  more  searching 
scrutiny,  and  add  to  the  security  and  value  of  property.  This 
check  could  he  so  arranged  as  rather  to  improve  than  impair 
the  public  credit.  Of  course  the  legislature  would  at  any  time 
repeal  the  provision,  if  any  unexpected  depreciation  of  property 
should  render  it  necessary ;  and  neither  limit  ought  to  affect  our 
liability  to  hear  our  share  of  State  or  Federal  obligations. 

Our  city  takes  its  place  in  general  estimation  from  its  substan¬ 
tial  prosperity,  its  historical  interest,  from  its  moral  and  literary 
reputation.  The  excellence  of  its  municipal  system  is  of  course 
secondary  to  these,  as  a  claim  to  consideration.  But  she  has  al¬ 
ways  been  highly  favored  in  the  able  and  worthy  men  who  have 
successively  composed  her  councils.  While  other  cities,  as  they 
have  grown  in  numbers,  have  been  deprived  of  many  priv¬ 
ileges  of  self-government  from  distrust  in  those  selected  for  of¬ 
fice,  we  can  look  back  with  much  satisfaction  upon  our  own  rec¬ 
ord.  Should  we  still  be  permitted  to  prosper,  let  us  hope  that 
this  character,  instead  of  degenerating,  will  keep  pace  with  our 
progress.  Let  us  take  warning  by  the  experience  of  others,  and 
while  retaining  all  the  essential  elements  of  popular  and  re¬ 
publican  government,  by  a  wise  forecast,  introduce,  while  in  our 
power,  all  needful  safeguards  against  abuse. 

LICENSE  LAW. 

For  ten  years  a  law  prohibiting  the  sale  of  spirituous  and  in¬ 
toxicating  liquors  has  been  upon  our  statute  books.  The  legisla¬ 
ture  has  exhausted  all  its  constitutional  authority  in  removing 
every  obstacle  to  its  enforcement.  Its  friends  have,  during  these 
ten  years,  marshalled  all  their  forces,  have  had  the  first  place 
in  our  courts  of  justice, 4 and  have  been  backed  up  to  an  extent 


16 


CITY  DOCUMENT.  — No.  15. 


hitherto  unknown,  by  the  whole  moral  and  legal  power  of  the 
Commonwealth.  The  result,  so  far  as  the  city  of  Boston  is  con¬ 
cerned,  appears  in  the  annual  report  of  the  Chief  of  Police,  just 
submitted. 

In  1850  the  number  of  liquor  shops  in  the  city  of  Boston  was 
1,500  —  in  1860  there  were  2,220.  The  number  of  persons 
arrested  for  drunkenness  in  1850  was  1,318  —  in  1860  the 
number  was  14,434,  and  in  1861  the  number  increased  to  18,598, 
although  the  number  of  liquor  shops,  for  some  reason  evidently 
not  connected  with  any  decrease  of  intemperance,  has  been  re¬ 
duced  to  1,904.  The  enormous  increase  in  the  number  of  ar¬ 
rests,  conclusively  shows  that  the  larger  proportion  of  the  in¬ 
crease  of  sales  has  been  in  those  made  by  the  glass  in  the 
worst  form  and  of  the  worst  quality  of  liquor. 

Are  there,  under  the  present  law,  indications  of  any  improve¬ 
ment  ?  Do  we  see  any  increased  efforts  to  enforce  the  law  ?  Do 
we  find  any  public  sentiment  growing  up  in  its  favor?  Your 
Committee  look  in  vain  to  find  them. 

The  friends  of  the  law  seem  to  he  fewer  in  number,  and  their 
efforts  are  feebler  than  ever  before.  There  is  every  probability 
that  with  the  revival  of  business  and  the  return  of  our  soldiers 
from  the  war,  the  sale  of  liquor  and  the  amount  of  intemper¬ 
ance  will  enormously  increase. 

Under  these  circumstances  it  becomes  our  duty  to  consider 
whether  something  cannot  be  done  properly  to  regulate  a  traffic 
which  the  legislature  has  tried  in  vain  to  destroy. 

Your  Committee  believe  that  all  attempts  to  regulate  this 
traffic  in  this  city  should  be  directed  mainly  to  the  accomplish¬ 
ment  of  two  purposes :  —  1.  To  prevent  the  sale  of  impure, 
poisonous  liquors.  2.  To  prevent  the  sale  to  improper  persons, 
or  under  such  circumstances  as  to  lead  to  disorder,  breaches  of 
the  peace,  and  so  far  as  possible  to  prevent  the  excessive  use  of 
liquor. 

It  is  certainly  within  the  proper  scope  of  legislation  to  prevent 
the  sale  of  poisonous  and  adulterated  liquors.  The  sale  of  pois¬ 
onous  food  has  long  been  a  criminal  offence.  That  some,  if  not 


AMENDMENTS  TO  THE  CITY  CHARTER. 


17 


a  large  part  of  the  gross  intemperance  in  the  community  is  to 
be  attributed  to  the  use  of  poisonous  drugs  in  liquor,  is  admitted 
by  all.  Why,  then,  should  not  the  sale  of  such  liquors  be  made 
a  distinct  offence  ? 

The  provision  in  the  present  law  establishing  in  every  town 
agencies  for  the  sale  of  pure  liquors  —  thus  putting  it  within 
the  power  of  every  citizen  to  obtain  such  an  article  near  his  own 
home  —  has  undoubtedly  proved  beneficial  to  some  parts  of  the 
Commonwealth.  With  the  liberal  interpretation  which  has  been 
given  to  the  word  “  medicinal/7  as  used  in  the  Statute,  your 
Committee  have  no  doubt  that  the  supply  of  pure  liquor  fur¬ 
nished  in  many  sections  is  sufficient  for  the  reasonable  wants  of 
the  community,  and  that  the  prohibitory  features  of  the  law  do 
not,  therefore,  in  those  sections,  operate  injuriously.  It  may  be 
that  the  present  law  will  answer  the  purpose  in  most  of  the  towns 
in  this  Commonwealth,  and  your  Committee  do  not  therefore 
propose  to  suggest  any  change  in  the  present  law,  except  so  far 
as  it  applies  to  this  city. 

Even  in  this  city  they  do  not  propose  any  repeal  of  the  law, 
but  only  that  persons  who  shall  have  been  licensed  by  the  Board 
of  Aldermen,  and  who  comply  with  certain  requirements  as  to 
the  quality  of  liquor  sold,  and  the  mode  of  selling  it,  shall  be 
exempt  from  its  provisions.  But  in  case  the  parties  fail  to  com¬ 
ply  with  such  requirements,  they  at  once  become  subject  to  the 
provisions  of  the  present  law,  and  subject  to  its  penalties.  Your 
Committee  therefore  propose  the  following  amendments  to  the 
present  law :  — 

1.  The  Mayor  and  Board  of  Aldermen  of  the  City  of  Boston 
may  license  such  persons  as  they  shall  deem  suitable,  to  sell 
spirituous  and  intoxicating  liquors  for  one  year  from  the  date  of 
such  license  ;  but  such  license  may  be  revoked  by  said  Mayor  and 
Board  of  Aldermen  at  any  time  during  the  year. 

2.  No  person  shall  be  so  licensed  unless  he  shall  first  have  paid 
the  sum  of  one  hundred  dollars,  one  half  into  the  treasury  of  the 
Commonwealth,  and  the  other  half  into  the  treasury  of  the  City 
of  Boston. 


18 


CITY  DOCUMENT.  — No.  15. 


3.  The  City  Council  of  the  City  of  Boston  may  make  such 
ordinances  or  authorize  the  Board  of  Aldermen  to  make  such 
rules  and  regulations  respecting  the  sale  of  spiritous  and  intox¬ 
icating  liquors  within  the  limits  of  the  city,  by  persons  holding- 
licenses  as  aforesaid,  with  such  penalties  attached  to  the  viola¬ 
tion  of  such  ordinances  or  rules  and  regulations,  not  exceeding 
fifty  dollars  for  any  one  offence,  as  they  shall  deem  proper. 

All  of  which  we  respectfully  submit,  and  recommend  the  pas¬ 
sage  of  the  accompanying  order. 

THOMAS  C.  AMOEY,  Jr., 

OTIS  NOBCEOSS, 

GEOEGE  0.  SHATTUCK, 
JOSEPH  BUCKLEY, 

ELIAS  E.  DAVISON. 


Ordered  :  That  Aldermen  with  such  as  the 

Common  Council  may  join,  be  a  Committee  to  take  such  meas¬ 
ures  in  co-operation  with  His  Honor  the  Mayor,  to  procure  the 
enactment  of  the  proposed  amendments  of  the  City  Charter  and 
bill  for  regulating  the  sale  within  this  city  of  fermented  and  dis¬ 
tilled  liquors  as  they  may  deem  expedient. 


1 2  098430090 


1 


